Council Regulation (EC) No 1386/2007 (repealed)Dangos y teitl llawn

Council Regulation (EC) No 1386/2007

of 22 October 2007

laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (repealed)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) The Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, hereinafter referred to as the NAFO Convention, was approved by the Council by Regulation (EEC) No 3179/78 of 28 December 1978 concerning the conclusion by the European Economic Community of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries(2) and entered into force on 1 January 1979.

(2) The NAFO Convention provides an appropriate framework for multilateral cooperation on the rational conservation and management of fishery resources in the Area defined by the Convention.

(3) At its 25th Annual Meeting, held in Halifax on 15-19 September 2003, NAFO substantially revised the Conservation and Enforcement Measures applicable to fishing vessels operating in Areas beyond the limits of the national jurisdiction of the Contracting Parties in the Convention Area.

(4) These measures also incorporate provisions to promote compliance by Non-Contracting Party vessels with the conservation and enforcement measures in order to ensure full respect for conservation and management measures adopted by NAFO.

(5) The measures provide for control measures applicable to vessels flying the flag of the Contracting Parties and operating in the NAFO Area, and arrangements for inspections at sea and in port, which include inspection and surveillance procedures and infringement procedures which must be implemented by the Contracting Parties.

(6) The measures also provide for the mandatory inspection of Non-Contracting Party vessels where they enter the ports of the Contracting Parties voluntarily and a prohibition on the landing and transhipment of catches if, during such inspection, it is established that they have been taken in breach of the conservation measures adopted by NAFO.

(7) Under Articles 11 and 12 of the NAFO Convention, these measures enter into force on 1 January 2004 and become binding on the Contracting Parties; the Community should apply these measures.

(8) Most of those provisions have been transposed into Community law by Council Regulation (EEC) No 1956/88 of 9 June 1988 adopting provisions for the application of the scheme of joint international inspection adopted by the Northwest Atlantic Fisheries Organisation(3), by Commission Regulation (EEC) No 2868/88 of 16 September 1988 laying down detailed rules for the application of the Scheme of Joint International Inspection adopted by the Northwest Atlantic Fisheries Organisation(4), by Council Regulation (EEC) No 189/92 of 27 January 1992 adopting provisions for the application of certain control measures adopted by the Northwest Atlantic Fisheries Organisation(5), by Council Regulation (EC) No 3680/93 of 20 December 1993 laying down certain conservation and management measures for fishery resources in the Regulatory Area as defined in the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries(6), by Council Regulation (EC) No 3069/95 of 21 December 1995 establishing a European Community observer scheme applicable to Community fishing vessels operating in the Regulatory Area of the Northwest Atlantic Fisheries Organisation (NAFO)(7) and by Council Regulation (EC) No 1262/2000 of 8 June 2000 laying down certain control measures in respect of vessels flying the flag of non-Contracting Parties to the Northwest Atlantic Fisheries Organisation (NAFO)(8).

(9) With a view to effectively implementing the reviewed conservation and enforcement measures adopted by the NAFO, those Regulations should be repealed and replaced by one Regulation bringing together and completing all provisions relating to fishing activities arising from the Community's obligations as a Contracting Party to the Convention.

(10) Certain measures adopted by NAFO have also been implemented into Community Law via the yearly TAC and quota Regulation, most recently in Council Regulation (EC) No 51/2006 of 22 December 2005 fixing for 2006 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required(9). Provisions of that kind which are not of a temporary nature should be transferred into the new Regulation.

(11) Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(10) was adopted in 2002. Under that Regulation, Member States are to control the activities carried out by vessels flying their flag outside Community waters.

(12) Article 2(3) of Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the Common Fisheries Policy(11) provides that each Member State must ensure that the activities of its vessels outside the Community fishery zone are subject to proper monitoring and, where such Community obligations exist, to inspections and surveillance, in order to ensure compliance with Community rules applicable in those waters; provision should therefore be made that Member States whose vessels are authorised to fish in the NAFO Regulatory Area assign inspectors to NAFO to undertake monitoring and surveillance, together with adequate resources for inspection.

(13) In order to ensure the monitoring of fishing activities in the NAFO Regulatory Area, it is necessary that Member States cooperate with one another and with the Commission when applying these measures.

(14) It is the responsibility of Member States to ensure that their inspectors are required to comply with the inspection procedures laid down by NAFO.

(15) In order to ensure that additional conservation and enforcement measures adopted by NAFO which become obligatory for the Community can be implemented within the timeframe set out in the NAFO Convention, the Council may amend this Regulation by qualified majority on a proposal of the Commission,

HAS ADOPTED THIS REGULATION:

(1)

Opinion delivered on 7 June 2007 (not yet published in the Official Journal).

(2)

OJ L 378, 30.12.1978, p. 1. Regulation as amended by Regulation (EEC) No 653/80 (OJ L 74, 20.3.1980, p. 1).

(3)

OJ L 175, 6.7.1988, p. 1. Regulation as last amended by Regulation (EC) No 3067/95 (OJ L 329, 30.12.1995, p. 1).

(4)

OJ L 257, 17.9.1988, p. 20. Regulation as last amended by Commission Regulation (EC) No 494/97 (OJ L 77, 19.3.1997, p. 5).

(5)

OJ L 21, 30.1.1992, p. 4. Regulation as last amended by Regulation (EC) No 1048/97 (OJ L 154, 12.6.1997, p. 1).

(6)

OJ L 341, 31.12.1993, p. 42. Regulation as amended by Regulation (EC) No 1043/94 (OJ L 114, 5.5.1994, p. 1).

(7)

OJ L 329, 30.12.1995, p. 5. Regulation as last amended by Regulation (EC) No 855/2004 (OJ L 161, 30.4.2004, p. 1).

(8)

OJ L 144, 17.6.2000, p. 1.

(9)

OJ L 16, 20.1.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 2017/2006 (OJ L 384, 29.12.2006, p. 44).

(10)

OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regulation (EC) No 865/2007 of 10 July 2007 (OJ L 192, 24.7.2007, p. 1).

(11)

OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11).